Specific Remedies and Money Awards in the Protection of the Performance Interest under Malaysian Contract Law

Abstract This chapter discusses protection of the creditor’s performance interest through the specific remedies and money awards available under Malaysian law. First, it explains the influence of both English law and Indian law on the applicable Malaysian statutes and case law. Second, it introduces the concept of the creditor’s performance interest. The third and fourth parts discuss the extent to which the performance interest is protected by the existing legal principles governing the availability of specific remedies and money awards. The final part concludes that, under Malaysian law, the level of protection given to the creditor’s performance interest is generally less strong compared to that afforded by jurisdictions in which performance, rather than damages, is the primary remedy available. However, there are also indications that, in certain areas, the Malaysian courts may be prepared to grant stronger protection of the performance interest compared to the ‘source’ jurisdictions of England and India.